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Kansas State Service Dog Laws
This is a summarized version of state laws regarding service dogs in Kansas. Please refer to the full statutes for detailed information
Every legally blind person shall have the right to be accompanied by a guide dog, specially selected, trained and tested for the purpose, in or upon any of the places listed in K.S.A. 39-1101, and amendments thereto, in the acquisition and use of rental, residential housing and in the purchase and use of residential housing without being required to pay an extra charge for the guide dog, except that such person shall be liable for any damage done to the premises or facilities by such dog.
Every person who is deaf or hard of hearing has the right to be accompanied by a hearing assistance dog, specially selected, trained and tested for the purpose of hearing assistance, in or upon any of the places listed in K.S.A. 39-1101, and amendments thereto, in the acquisition and use of rental, residential housing and in the purchase and use of residential housing without being required to pay an extra charge for the hearing assistance dog. The person who is deaf or hard of hearing shall be liable for any damage done to the premises or facilities by such dog.
Every person with a disability shall have the right to be accompanied by a service dog, specially selected, trained and tested for the purpose which shall include, but not be limited to, pulling a wheelchair, opening doors and picking up objects, in or upon any of the places listed in K.S.A. 39-1101, and amendments thereto, in the acquisition and use of rental, residential housing and in the purchase and use of residential housing without being required to pay an extra charge for the service dog. Such person shall be liable for any damage done to the premises by such dog.
Any qualified handler of a professional therapy dog when accompanied by such dog and when using any conveyance of public transportation available to all members of the general public, and when renting and using accommodations in motels, hotels and other temporary lodging places shall have the right to be accompanied by such dog in such places. Any owner or employee of a business or retail establishment to which the public is invited, including establishments which serve or sell food, shall admit a professional therapy dog, accompanied by its qualified handler, to the business. The qualified handler shall be liable for any damage done by the dog to any such conveyance or facility.
Any person, firm, corporation, or the agent of any person, firm or corporation, who denies or interferes with the exercise of the rights recognized in K.S.A. 39-1101, 39-1102, 39-1107, 39-1108 or 39-1109, and amendments thereto, is guilty of a misdemeanor.
SDiT Access
Service dogs in training have equal access to public spaces as trained service dogs
Definitions
(a) "Assistance dog" means any guide dog, hearing assistance dog or service dog.
(b) "Guide dog" means a dog which has been specially selected, trained and tested for the purpose of guiding a person who is legally blind.
(c) "Hearing assistance dog" means a dog which is specially selected, trained and tested to alert or warn individuals who are deaf or hard of hearing to specific sounds.
(d) "Professional therapy dog" means a dog which is selected, trained and tested to provide specific physical or therapeutic functions, under the direction and control of a qualified handler who works with the dog as a team, and as a part of the handler's occupation or profession. Such dogs, with their handlers, perform such functions in institutional settings, community based group settings, or when providing services to specific persons who have disabilities. "Professional therapy dog" does not include dogs, certified or not, which are used by volunteers for pet visitation therapy.
(e) "Service dog" means a dog which has been specially selected, trained and tested to perform a variety of tasks for persons with disabilities. These tasks include, but are not limited to: Pulling wheelchairs, lending balance support, picking up dropped objects or providing assistance in, or to avoid, a medical crisis, or to otherwise mitigate the effects of a disability.
(f) The presence of a dog for comfort, protection or personal defense does not qualify a dog as being trained to mitigate an individual's disability and therefor does not qualify the dog as an assistance dog covered under the provisions of this act.
Harassment or Interference
(a) Inflicting harm, disability or death to a police dog, arson dog, assistance dog, game warden dog, search and rescue dog or police horse is knowingly, and without lawful cause or justification, poisoning or inflicting great bodily harm, permanent disability or death upon a police dog, arson dog, assistance dog, game warden dog, search and rescue dog or police horse.
(b)
(1) Except as provided in paragraphs (2) and (3), violation of subsection (a) is a nonperson felony. A person convicted of a violation of subsection (a) shall be sentenced to not less than 30 days nor more than one year's imprisonment and be fined not less than $500 nor more than $5,000. The person convicted shall not be eligible for release on probation, suspension or reduction of sentence or parole until the person has served a minimum mandatory sentence of 30 days.
(2) Except as provided in paragraph (3), violation of subsection (a) that results in disability or death to a police dog, arson dog, game warden dog, search and rescue dog or police horse is a severity level 4, nonperson felony.
(3) Violation of subsection (a) that results in disability or death to a police dog, arson dog, game warden dog, search and rescue dog or police horse during the commission of fleeing or attempting to elude a police officer as described in K.S.A. 8-1568, and amendments thereto, interference with law enforcement as described in K.S.A. 21-5904, and amendments thereto, or escape from custody or aggravated escape from custody as described in K.S.A. 21-5911, and amendments thereto, is a severity level 3, nonperson felony.
(4) The following conditions shall apply to a sentence imposed pursuant to paragraph (2) or (3):
(A) As a condition of any probation granted, the person shall serve at least 90 days of imprisonment;
(B) the person shall be required to pay a fine of at least $10,000; and
(C) the person shall not be eligible for release on probation, suspension or reduction of sentence or parole until the person has served the mandatory sentence of 90 days.
(5) During the mandatory period of imprisonment provided for in this subsection, the offender shall have a psychological evaluation prepared to assist the court in determining conditions of probation. Such conditions shall include, but not be limited to, the completion of an anger management program.
Health Codes
(k) Pets or other animals shall not be permitted in the business facility.
This prohibition shall not apply to registered therapy animals; trained guide animals for the disabled, sightless, or hearing impaired; or fish in aquariums.
Misrepresentation/ Service Dog Fraud
It is a class A nonperson misdemeanor for any person to:
(a) Represent that such person has the right to be accompanied by an assistance dog in or upon any place listed in K.S.A. 39-1101, and amendments thereto, or that such person has a right to be accompanied by a professional therapy dog in or upon any place listed in K.S.A. 39-1110, and amendments thereto, unless such person has the right to be accompanied in or upon such place by such dog pursuant to this act; or
(b) represent that such person has a disability for the purpose of acquiring an assistance dog unless such person has such disability.